Driveway Regulations

Adopted: January 9, 2006

Adopted by the Winchester Planning Board on Jan.9, 2006.  

Contact Winchester Highway Department, Highway Superintendent (603) 239-4811.

Applications available at the Winchester Town Hall, 1 Richmond Street, Winchester, NH.
 

_____________________Planning Board Chair

 

_____________________Highway Superintendent

Section 1: Authority and Purpose

Pursuant to the authority vested in the Winchester Planning Board by the legislative body of Winchester and in accordance with the provisions of Chapters 674:35 and 236:13 of the New Hampshire Revised Statutes Annotated, as amended, the Winchester Planning Board adopts the following regulations governing all driveway construction and access to Town Roads. State regulations apply to driveway access onto State roads. These regulations are designed to protect the health, safety, convenience and general welfare of the citizens. These regulations are addendums to the Town of Winchester Subdivision Regulations and Site Plan Review Regulations.

Section 2: General Provisions

It shall be unlawful to construct any driveway, which does not conform to the terms and specifications of a written driveway permit issued by the Winchester Highway Superintendent in accordance with the regulations.

No building permit, subdivision approval or site plan approval shall be issued with respect to any property until the landowner or his authorized agent has obtained a driveway permit in accordance to the regulations.

Driveway permits are valid only for one year after issuance.

Section 3: Definitions

Access: A way or means of approach to provide physical entrance to a property.

All season site distance: Means a line that encounters no visual obstruction between two points, each at a height of 3 feet 9 inches above the road surface, allowing for a snow windrow and/or seasonal changes. The line represents the line of sight between the operator of a vehicle using the driveway (point 1) and the operator of a vehicle approaching from either direction (point 2).  

Construction: For purpose of this regulation this means not only construction of a new driveway but major reconstruction, relocation or paving of an existing driveway. It does not include repairs, repaving or regrading of an existing driveway to original specifications.

Driveway: A private roadway for vehicles which provides entrance, exit, access or approach to or from land in Winchester to a public street, Class V or better.

Section 4: Fees

Single family residence with driveways less than 150' in length- $20.00.

Multi- family, Commercial, 150' in length or more, logging, etc-$30.00.

Section 5: Design Standards

A. Driveway access to dwellings or structures must be on Class V road or better.

B. Driveways and associated land clearing shall not cause excessive erosion.

C. No driveway shall be constructed within 100 feet of an intersecting road.

D. For purposes of snow removal, general maintenance and protection to abutters, no driveway shall be constructed closer than 20 feet from abutting property lines.

E. A minimum of 250 feet all-season safe sight distance in each direction is required. 

F. The driveway shall have a minimum access width of 15 feet. The driveway entrance may be flared out as it approaches the road. 

G. The grade of all driveways will slope away from the roadway surface at a minimum slope of 1/4 inch per foot to a point at the center of the ditch line. This slope shall continue for 20 feet. 

H. If a culvert is required for proper drainage, the culvert shall be a minimum of 15 inches in diameter and a minimum of 30 feet in length and shall be new galvanized steel, concrete or HDPE. The culvert shall be long enough to maintain the driveway width dimensions and stable foreslope. The culvert and erosion controls shall be installed and maintained by the landowner under the supervision and approval of the Highway Superintendent.  

I. The drainage ditch shall be 6 inches below the outlet end of the culvert and drop at least 1/4 inch per ft. to the nearest point of drainage relief.  

J. Any driveway crossing a wetland or body of water shall have all permits required by the State of New Hampshire DES.

K. Driveways shall not interrupt the natural or ditch line flow of drainage water. Where shallow ditch lines or natural drainage courses exist, driveways may be swaled at a point beyond the shoulder to accommodate the flow of storm water.

L. Driveways having slopes of 15% or greater shall not be permitted.

M. Driveways shall intersect roadways at an angle as close as is practicable to 90 degrees but in no case shall be the angle be less than 75 degrees.

N. Any bridges shall be constructed in accordance with sound engineering practices. (Refer to J.)

O. Driveways over 150 feet in length will need written approval from the Winchester Fire Chief. This is to assure adequate access and turn around for fire trucks.

P. Shared driveways are only allowed to be shared by two dwellings.

Q. Driveways will be constructed being mindful of emergency access.

R. A driveway  permit is required for all access of a class VI road or better, for the purpose of logging, excavation not in conjunction with the construction of a dwelling or structure.

S. The landowner is responsible to assure adherence to any and all other State or Federal regulations.  

Section 6: Procedure

A. Prior to commencing work, the applicant will file an application with the Winchester Highway Superintendent on a form obtained at the Town Hall. The application must be accompanied by the permit fee.

B. Prior to issuance of the driveway permit, the Highway Superintendent shall conduct a site visit. The applicant is responsible for clearly marking the location of the proposed driveway. This is to be done prior to the visit.  

C. The contractor shall give the Highway Superintendent 24 hour notice before starting construction.

D. The Highway Superintendent will make final inspection to determine all work has been satisfactorily completed in conformance with these regulations prior to the issuance of a certificate of occupancy.

Section 7: Administration and Enforcement

A. These regulations shall be administered by the Winchester Highway Superintendent. The enforcement of these regulations is vested with the Winchester Board of Selectmen and the Winchester Code Enforcement Officer.

B. The standards of these regulations may be waived when, in the opinion of the Highway Superintendent, specific circumstances surrounding a proposal, or a condition of the land, indicate that strict adherence to the standards would not be possible or create an unnecessary burden for the landowner, and such waiver will not be in conflict with the purpose and intent of these regulations.  

C. Penalties: Any person who violates any of the provisions of these regulations shall be subject to fines and penalties as spelled out in RSA 676:17.

D. These regulations may be amended by the Planning Board after a public hearing.